Conclusion

     Taking into account all the data and facts available to us and after careful analysis thereof we have come to a conclusion that the official version given by the Police Commissioner of the incident is not at all plausible. What is clear is that the incident took place in which three youth lost their lives at the hand of police, communal passions have been fanned to the advantage of certain outfits to certain extent and the police have been eulogized for the excellent work done which incidentally brought them significant monetary gains. Everything else is shrouded in mystery. It is a fact that the police could not reveal the identity of the slain youth even after a month after the incident. Were they really terrorists as made out? What if they were not? Sometimes, the incidents can be reverse analyzed from the costs and benefits that they bring to various people. Look at this incident and you would be stunned by the answer you yourself would get. Is it not just an article of faith that the youth were terrorists; that they were going to attack the RSS headquarters?       In light of the above discussion, no sane person would answer this question in negative.

The Fact Finding Committee strove to collect the facts over three days but due to hostile attitude of the Police many of the sources of vital information, such as Doctors performing post mortem on the bodies, police personnel participating in the action, and the senior Police officials were completely blocked. As a result we could not have explanations to many of the questions that kept cropping in our mind. While we diligently followed the secondary sources and exercised utmost care in our analysis, we believe, the access to the primary sources of information could have certainly benefited us in as much as our discussion would benefit the Police in their investigation.

 

            

                     A photograph of the barricade at the spot    

            

                       A photograph of the barricade at the spot

             

      A Photograph of the banners put up at several places in the city

 

                              

            

     

              

A photograph of the ill fated Ambassador car clearly showing the rear glass of the car having 5 bullet holes

 

           

A photograph of the ill fated Ambassador car clearly showing the front glass of the car completely smashed

 

Our conclusions are certainly constrained by these additional limitations unusually imposed on us in this Fact Finding. Generally speaking, the Civil Rights Organizations, working on behalf of people do not possess resources to reach the bottom of the truth of every matter of pubic interest. They serve the purpose however in facilitating formulation of the problem and with their viewpoint indicate the areas for further investigation. To carry out this investigation becomes the responsibility of the democratic state. Since the executive action is the subject of investigation, this investigation needs to be carried out by an agency with the resource backing from the state, which would carry the confidence of people. In view of this, we put forth following demands before the state.

             

1.      A Judicial Enquiry Committee headed by a retired Judge of the Supreme/High Court be ordered into the incident to reach the truth.

 

2.      A case should be registered under IPC Sec. 302 in the present incident against the police personnel involved in the incident as per the NHRC guidelines.NHRC guidelines passed in 1996 state that in any encounter, death caused by the police is a cognizable offence. Right to self-defence cannot be presumed. Therefore, a case should be filed against the police personnel involved in the encounter killing and they should defend their case that they acted in self defence later. 

 

3.      The reward declared by several states to the police personnel involved in the action should be withheld until the truth is established by the above committee.

 

4.      The identity of the slain youth be determined and be made public.